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Li is the owner of a community, since the time of moving in, it was found that the property service company did not perform property management and services in accordance with the contract, resulting in poor sanitation in the community, garbage thrown everywhere, and only a dozen square meters of green space was also destroyed by the owner at will, therefore, Wang and some owners have refused to pay the property service fee, and were later sued by the property service company to the court.
Under what circumstances can a landlord refuse to pay the property service fee?
Combined with Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Management Service Dispute Cases, if a property management service enterprise fails to perform or does not fully perform its repair, maintenance, management and maintenance obligations as agreed in the property management service contract or as determined by laws, regulations and relevant industry norms, and the owner requests the property management service enterprise to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.
Article 111 of the Contract Law stipulates that if the quality does not conform to the agreement, the party shall bear the liability for breach of contract in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, depending on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration. Therefore, if the property service enterprise fails to provide the property service and management standards agreed in the Property Service Contract, it needs to bear the liability for breach of contract. If there is an agreement on the liability for breach of contract in the property management service contract, it shall be handled in accordance with the agreement; If there is no agreement, the people's court or arbitration institution may, in accordance with the provisions of the Contract Law, make a judgment that the property management service enterprise bears the responsibility"Reduction of price or remuneration"liability for breach of contract.
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